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(영문) 대구지방법원 2018.10.30 2018구합22021
동암일반산업단지계획 불승인처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 2016, the Manam General Industrial Complex Construction Co., Ltd. submitted a plan for designation of the Dongam General Industrial Complex (hereinafter “instant industrial complex”) to the Defendant in order to create a Dongam General Industrial Complex (hereinafter “instant industrial complex”) at KRW 542, Dongam-ri, Dongam-gun, Dongam-gun, Gyeongnam-gun.

B. Accordingly, on July 14, 2016, the Gyeongnam-do Governor announced the designation plan of the industrial complex in 2016 (No. 2016-178) to add the instant industrial complex to the designation plan of the industrial complex in 2016, and designated as the project implementer for the comprehensive construction of Seongbuk-do Co., Ltd.

C. Around October 2016, the Plaintiff submitted to the Defendant the “Plan for Designation of the East Cancer General Industrial Complex” to reflect the creation of the instant industrial complex in the designation planning team of the industrial complex in 2017, and submitted the “Plan for Designation of the East Cancer General Industrial Complex” on December 23, 2016.

Accordingly, on January 26, 2017, the Do Governor announced the designation plan of the industrial complex in 2017 to change the project implementer of the industrial complex of this case to the Plaintiff, etc. by the announcement No. 2017-37.

E. On June 27, 2017, the Plaintiff filed an application with the Defendant for approval of the implementation plan for the instant industrial complex development project based on Article 11 of the Industrial Sites and Development Act (hereinafter “Industrial Sites Act”) and Article 8(2) of the Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes (hereinafter “Industrial Sites and Development Act”).

(f) On June 29, 2017, the Defendant publicly announced the residents’ perusal and joint briefing sessions regarding the instant industrial complex development project, but the Defendant was not in place against the residents’ opposition.

Accordingly, the Plaintiff is proceeding with the Defendant on July 14, 2017, and thus, the Plaintiff is now under consultation with the neighboring residents, so it shall be held again before July 26, 2017, which is the date on which the submission of opinions is completed.

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